Wednesday, March 21, 2012

Swiss letter cannot be written




Pleading before the seven-strong bench of the Supreme Court (SC) hearing contempt case against Prime Minister Syed Yousuf Raza Gilani, Aitezaz Ahsan Wednesday said his client never said the judicial order should not be implemented.
Clarifying his point before the apex court’s panel that began contempt proceedings against the PM Gilani, Barrister Aitezaz said his client just has this viewpoint that the apex court’s ruling cannot be put into action for the time being.
Heading the bench, Justice Nasirul Mulk queried, ‘The court wrote in its order that the verdict should summarily be implemented?’
Ahsan replied the charge sheet against the PM Gilani is of negative nature.
So, in this case, delaying the implementation is not tantamount to non-implementation?, asked Justice Mulk.
Aitezaz said the PM Gilani received show cause-notice on January 16 and the judicial order dated January 10 was addressed to the Attorney General, adding the AG did not tell the court as a witness that he delivered the judicial order to the premier.
The Prime Minister’s counsel further argued that Jan. 16 order has it that the AG after the delivery of the order, gave statement that he had nothing new to tell.
Do you want to give the impression that you were not delivered the order, asked Justice Asif Saeed Khosa.
Replying to this, Aitezaz said the AG is up to prove it, adding, “The AG should have stated this on oath before the court; and, in this case, he will have to face my cross-question.”
Aitezaz continued that it is not aptly written in January 19 interim order that PM’s counsel emphasized on the immunity of the President under Article-248, adding, “The matter relating the immunity under Article-248-I will come under discussion only when you have the issue of President or governor before you.”

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